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AB-1945 California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund: investment plan.(2017-2018)

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Date Published: 08/06/2018 02:00 PM
AB1945:v93#DOCUMENT

Amended  IN  Senate  August 06, 2018
Amended  IN  Senate  June 25, 2018
Amended  IN  Senate  June 07, 2018
Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  April 23, 2018
Amended  IN  Assembly  March 15, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1945


Introduced by Assembly Member Eduardo Garcia
(Coauthor: Assembly Member Gonzalez Fletcher)
(Coauthor: Senator Hueso)

January 29, 2018


An act to add Sections 16428.87 and 16428.88 to the Government Code, and to amend Sections 39712 and 39720 of the Health and Safety Code, relating to greenhouse gases.


LEGISLATIVE COUNSEL'S DIGEST


AB 1945, as amended, Eduardo Garcia. California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund: investment plan.
The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. Existing law requires the Department of Finance, in consultation with the state board and any other relevant state agency, to develop, as specified, a 3-year investment plan for the moneys deposited in the Greenhouse Gas Reduction Fund. Existing law requires the moneys from the fund to be used to facilitate the achievement of reductions of greenhouse gas emissions consistent with the act and, among other things, to maximize economic, environmental, and public health benefits to the state.
This bill would require the state board to work with state agencies administering grant programs that allocate moneys from the fund to give specified communities preferential points during grant application scoring for programs intended to improve air quality and to include a specified application timeline for programs with competitive application processes and to allow applicants from the Counties of Imperial and San Diego to include daytime population numbers in grant applications.
This bill, for grant programs that allocate moneys from the fund, would require the state board to develop at least 3 categories for applications based on the population and density of where the proposed project is to be located and to develop scoring criteria for each category, as specified.
This bill would additionally require the moneys in the fund to be used to facilitate the achievement of reductions of greenhouse gas emissions consistent with the act and to increase water supply resilience; reduce or prevent increases in transportation, energy, or fuel costs, particularly in disadvantaged communities; accelerate the development and implementation of low-carbon technology; reduce vehicle miles traveled; promote zoning and development activities that increase public access to essential services or amenities; promote partnerships between multiple jurisdictions; promote climate change adaptation capacity; and improve community access to green space.
This bill also would require the Department of Finance to include in an annual report to the Legislature specified information on the applications received for each grant program allocating moneys from the fund.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) It is important for the state to prioritize climate investments in areas of most need, or where there is the most opportunity for cobenefits, and to continuously learn and evaluate the state’s spending to ensure it is reaching the intended targets.
(b) Specifically for the California-Mexico border region, where an average of more than 197,000 individuals cross into the Counties of Imperial and San Diego each day and air pollution from Mexico poses significant threats to public health, there need to be special adjustments to ensure that the region can achieve its emission reduction goals.

SEC. 2.

 Section 16428.87 is added to the Government Code, to read:

16428.87.
 The State Air Resources Board shall work with state agencies administering grant programs that allocate moneys from the Greenhouse Gas Reduction Fund to ensure both all of the following:
(a) Communities identified for community emission reduction programs pursuant to Section 44391.2 of the Health and Safety Code are given preferential points during grant application scoring for grant programs intended to improve air quality.
(b) There are at least three months between the first call for applications or proposals for projects to be funded and the due date of the proposal for programs with competitive application processes.
(c) (1) Applicants from the Counties of Imperial and San Diego are allowed to include daytime population numbers in grant applications.
(2) Daytime population estimates shall be based on the best available estimates of daily northbound border crossings and shall not include residents of the state.

SEC. 3.

 Section 16428.88 is added to the Government Code, to read:

16428.88.
 (a) (1) For grant programs that allocate moneys from the Greenhouse Gas Reduction Fund, the State Air Resources Board shall develop at least three categories for applications based on the population and density of where the proposed project is to be located.
(2) In developing the categories pursuant to this subdivision, the State Air Resources Board shall develop scoring criteria for each category. The scoring criteria shall take into account the possible impacts a project will have based on the population and density of the communities in which that project is proposed to be located.
(b) Nothing in this section shall be interpreted as requiring the State Air Resources Board or an agency administering a grant program receiving moneys from the Greenhouse Gas Reduction Fund to fund grant applications from all of the categories described in subdivision (a).
(c) It is the intent of the Legislature in enacting this section that the State Air Resources Board and an agency administering a grant program receiving moneys from the Greenhouse Gas Reduction Fund take into account the differences that exist between urban, suburban, and rural communities when reviewing applications for projects in order to ensure that all communities in the state have a reasonable chance of being awarded a grant.

SEC. 4.

 Section 39712 of the Health and Safety Code is amended to read:

39712.
 (a) (1) It is the intent of the Legislature that moneys shall be appropriated from the fund only in a manner consistent with the requirements of this chapter and Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code.
(2) The state shall not approve allocations for a measure or program using moneys appropriated from the fund except after determining, based on the available evidence, that the use of those moneys furthers the regulatory purposes of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)) and is consistent with law. If any expenditure of moneys from the fund for any measure or project is determined by a court to be inconsistent with law, the allocations for the remaining measures or projects shall be severable and shall not be affected.
(b) Moneys shall be used to facilitate the achievement of reductions of greenhouse gas emissions in this state consistent with the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)) and, where applicable and to the extent feasible:
(1) Maximize economic, environmental, and public health benefits to the state.
(2) Foster job creation by promoting in-state greenhouse gas emissions reduction projects carried out by California workers and businesses.
(3) Complement efforts to improve air quality.
(4) Direct investment toward the most disadvantaged communities and households in the state.
(5) Provide opportunities for businesses, public agencies, Native American tribes in the state, nonprofits, and other community institutions to participate in and benefit from statewide efforts to reduce greenhouse gas emissions.
(6) Lessen the impacts and effects of climate change on the state’s communities, economy, and environment.
(7) Increase water supply resilience.
(8) Reduce or prevent increases in transportation, energy, or fuel costs, particularly in disadvantaged communities, as identified pursuant to Section 39711.
(9) Accelerate the development and implementation of low-carbon technology.
(10) Reduce vehicle miles traveled.
(11) Promote zoning and development activities that increase public access to essential services or amenities.
(12) Promote partnerships between multiple jurisdictions.
(13) Promote climate change adaptation capacity, including, but not limited to, efforts that address any of the following:
(A) Higher average temperatures.
(B) Decreased air and water quality.
(C) The spread of infectious and vector-borne diseases or other public health impacts.
(D) Extreme weather events.
(E) Sea level rise.
(F) Flooding.
(G) Heat waves.
(H) Wildfires.
(I) Drought.
(14) Improve community access to green space.
(c) Moneys appropriated from the fund may be allocated, consistent with subdivision (a), for the purpose of reducing greenhouse gas emissions in this state through investments that may include, but are not limited to, any of the following:
(1) Funding to reduce greenhouse gas emissions through energy efficiency, clean and renewable energy generation, distributed renewable energy generation, transmission and storage, and other related actions, including, but not limited to, at public universities, state and local public buildings, and industrial and manufacturing facilities.
(2) Funding to reduce greenhouse gas emissions through the development of state‑of‑the‑art systems to move goods and freight, advanced technology vehicles and vehicle infrastructure, advanced biofuels, and low‑carbon and efficient public transportation.
(3) Funding to reduce greenhouse gas emissions associated with water use and supply, land and natural resource conservation and management, forestry, and sustainable agriculture.
(4) Funding to reduce greenhouse gas emissions through strategic planning and development of sustainable infrastructure projects, including, but not limited to, transportation and housing.
(5) Funding to reduce greenhouse gas emissions through increased in-state diversion of municipal solid waste from disposal through waste reduction, diversion, and reuse.
(6) Funding to reduce greenhouse gas emissions through investments in programs implemented by local and regional agencies, local and regional collaboratives, Native American tribes in the state, and nonprofit organizations coordinating with local governments.
(7) Funding research, development, and deployment of innovative technologies, measures, and practices related to programs and projects funded pursuant to this chapter.

SEC. 5.

 Section 39720 of the Health and Safety Code is amended to read:

39720.
 (a) Notwithstanding Section 10231.5 of the Government Code, the Department of Finance shall submit an annual report on or before March 1 of each year to the appropriate committees of the Legislature on all of the following:
(1) The status of projects funded pursuant to this part and their outcomes.
(2) The applications received for each grant program allocating moneys from the fund, including, but not limited to, all of the following information:
(A) Locations of projects proposed.
(B) Amount of moneys requested for each project.
(C) Names of lead applicants.
(D) Whether the projects were funded in whole or in part with moneys from the fund.
(b) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.